[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR12.503]



[Page 203]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 12_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents

 

    Subpart 12.5_Applicability of Certain Laws to the Acquisition of 

                            Commercial Items

 

Sec. 12.503  Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.



    (a) The following laws are not applicable to Executive agency 

contracts for the acquisition of commercial items:

    (1) 41 U.S.C. 43, Walsh-Healey Act (see subpart 22.6).

    (2) 41 U.S.C. 254(a) and 10 U.S.C. 2306(b), Contingent Fees (see 

3.404).

    (3) 41 U.S.C. 416(a)(6), Minimum Response Time for Offers under 

Office of Federal Procurement Policy Act (see 5.203).

    (4) 41 U.S.C. 701, et seq., Drug-Free Workplace Act of 1988 (see 

23.501).

    (5) 31 U.S.C. 1354(a), Limitation on use of appropriated funds for 

contracts with entities not meeting veterans employment reporting 

requirements (see 22.1302).

    (b) Certain requirements of the following laws are not applicable to 

executive agency contracts for the acquisition of commercial items:

    (1) 40 U.S.C. 3701 et seq., Requirement for a certificate and clause 

under the Contract Work Hours and Safety Standards Act (see 22.305).

    (2) 41 U.S.C. 57(a) and (b), and 58, Requirement for a clause and 

certain other requirements related to the Anti-Kickback Act of 1986 (see 

3.502).

    (3) 49 U.S.C. 40118, Requirement for a clause under the Fly American 

provisions (see 47.405).

    (c) The applicability of the following laws have been modified in 

regards to Executive agency contracts for the acquisition of commercial 

items:

    (1) 41 U.S.C. 253g and 10 U.S.C. 2402, Prohibition on Limiting 

Subcontractor Direct Sales to the United States (see 3.503).

    (2) 41 U.S.C. 254(d) and 10 U.S.C. 2306a, Truth in Negotiations Act 

(see 15.403).

    (3) 41 U.S.C. 422, Cost Accounting Standards (see 48 CFR chapter 99) 

(see 12.214).



[60 FR 48241, Sept. 18, 1995, as amended at 61 FR 67418, Dec. 20, 1996; 

62 FR 232, 236, Jan. 2, 1997; 62 FR 10710, Mar. 10, 1997; 62 FR 51270, 

Sept. 30, 1997; 64 FR 10532, Mar. 4, 1999; 64 FR 72416, Dec. 27, 1999; 

66 FR 53488, Oct. 22, 2001; 70 FR 57454, Sept. 30, 2005]